Army investigation found cascading employer failures – now the claims can move forward
The Supreme Court ruled on April 22 that Fluor Corporation cannot escape negligence claims over employee supervision failures that led to a deadly bombing.
The 6-3 decision sends a pointed message to employers everywhere: no contract – not even one with the US military – will shield a company from accountability when it fails to supervise its own people.
The case traces back to Veteran's Day 2016 at Bagram Airfield, then the largest American military base in Afghanistan. Ahmad Nayeb, an Afghan national working on the base under Fluor's oversight, detonated a suicide vest that killed five people and wounded 17 others. Among the wounded was Army Specialist Winston T. Hencely, then just 20 years old, who suffered a fractured skull and brain injuries after confronting Nayeb before the attacker could reach a larger crowd. Hencely is now permanently disabled.
Nayeb had been hired through the military's "Afghan First" program, which equired contractors to prioritize hiring local Afghan workers to support the country's economy and help stabilize the Afghan government. The military screened Nayeb, learned of his past Taliban ties, and still approved him for employment. Fluor's subcontractor then brought him on. Under its contract, Fluor was responsible for supervising Nayeb and ensuring compliance with base security procedures.
What the Army found after the attack was a cascading series of...
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